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Family Law Blog

Dealing with Parental Alienation During a California Divorce

What is parental alienation? More and more divorcing parents are running up against questions about this increasingly familiar term. And more importantly, they want to know how to deal with parental alienation during a California divorce. Defining Parental Alienation: Parental alienation is a situation in which one parent acts in a manner that purposefully influences…

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Mediation Mandatory in Child Custody Disputes in California

In any child custody dispute in California, mediation is mandatory per California Family Code 3170. Mediation is considered to be a form of alternative dispute resolution and it is this form of resolving differences of opinion that is used in California to settle child custody and visitation disputes. This lets the parents have the chance…

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Understanding California Community Property Law

The courts look at marriages like partnerships in the State of California, so when it comes to divorce, spouses are co-owners. If you live in California and are contemplating or about to actually file for a divorce, you need to be aware that California is a community property state, one of only nine like it…

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How Do I Get Temporary Orders For Child Custody, Visitation, Child Support, Spousal support, etc. In My California Divorce Case?

After the initial divorce paperwork has been filed with the court, either spouse may file for a “Request for Order” hearing with the court requesting a hearing to decide temporary orders for child custody, visitation, child support, spousal support and other orders while the divorce is pending. Other orders can involve temporary use of marital…

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What is the Next Step After I Serve the Initial California Divorce Paperwork?

The next step after service of the Summons and Petition for Marital Dissolution and the Response thereto is for both parties to complete and exchange their own “Preliminary Declaration of Disclosure.” Both parties in a California divorce are required to disclose detailed, accurate information to the other about their respective incomes, expenses, property (both marital…

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What is the Mediation Process in a California Child Custody Case?

In any California child custody case, including divorce and separation cases, whenever a Request for Order (RFO) hearing addressing child custody and visitation issues are filed, the Court will order that the parties attend mediation at no cost through the court’s mediation department prior to the RFO hearing date. Although the law requires that the…

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How Are Mediations Different In An Orange County Child Custody Case Vs. A Riverside/Inland Empire Child Custody Case?

In Orange County, mediations are merely efforts for the parties to meet face-to-face without their attorneys to attempt to resolve such issues. Mediators in Orange County do not make recommendations to the Court of parenting plans. However, in Riverside County and other Inland Empire Family Courts, the court mediator can make recommendations regarding child custody…

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Can I Settle With My Spouse And Avoid the Request for Order Hearing or Trial?

There are 2 primary options for resolving issues in your Orange County divorce case: Stipulation (Agreement) of the Parties: When parties are able to work together in reaching agreements for temporary orders or final settlement of their entire marital dissolution case, a “Stipulation & Order” for temporary orders or a “Marital Settlement Agreement” can be…

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How Quickly Can I Become Divorced in California?

California has a six-month “cooling-off” period prior to entry of a judgment in a marital dissolution case, meaning that a judgment terminating the marriage cannot be entered until at least 6 months after the date the other spouse was served with the petition for marital dissolution has passed. However, nothing happens automatically when the 6…

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Can I Divorce My Spouse in California Before We Have A Final Agreement or Trial?

Yes, you can divorce your spouse in California before you resolve all the issues in your case. Until a judgment is entered in your divorce case, you cannot legally remarry. However, in cases where the issues are heavily contested, it it possible to seek a “Bifurcation of Marital Status” wither by agreement or court order…

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When is My Orange County Divorce Final?

A California divorce cannot be ordered by the Court until at least 6 months after the other spouse was served with the initial Summons and Petition, i.e. a “cooling off” period that cannot be shortened or waived. Moreover, nothing will happen after those 6 months in ending your marriage unless you and your spouse enter…

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